California Court of Appeal

In a personal injury action against general contractor for negligence, premises liability, and loss of consortium, summary judgment for defendant is reversed and remanded where: 1) as plaintiff was not an employee of the construction company, Privette v. Superior Court and its progeny did not apply to bar plaintiff from being able to seek recovery from defendant; 2) for the same reasons, plaintiff's wife was not barred from seeking recovery for her loss of consortium claim; and 3) defendant did not establish its right to summary judgment as a matter of law.

Appellate Information

• Decided 12/05/2008
• Published 12/05/2008

Judges

• REARDON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kirk J. Wolden, Roseville, Clayeo C. Arnold, Leslie M. Mitchell, Sacramento, for Appellants.


• For Appellees:
  
• Vitale & Lowe, Rancho Cordova, Johanna M. Berta, for Respondent.